State v. Levin, 64291

Decision Date21 June 1984
Docket NumberNo. 64291,64291
Citation452 So.2d 562
PartiesSTATE of Florida, Petitioner, v. Charles Albert LEVIN, Respondent.
CourtFlorida Supreme Court

Jim Smith, Atty. Gen. and Michael J. Neimand, Asst. Atty. Gen., Miami, for petitioner.

Bennett H. Brummer, Public Defender and Bruce A. Rosenthal, Asst. Public Defender, Eleventh Judicial Circuit, Miami, for respondent.

EHRLICH, Justice.

We accepted jurisdiction in this case, Levin v. State, 449 So.2d 288 (Fla. 3d DCA 1983), because the district court acknowledged direct and express conflict with the decision of another district court of appeal, Boal v. State, 368 So.2d 71 (Fla. 2d DCA 1979). Art. V, § 3(b)(3), Fla. Const.

For the reasons set forth in the opinion of the Third District Court of Appeal, which we herein adopt as our own, we approve the decision in Levin and accordingly disapprove Boal.

It is so ordered.

ALDERMAN, C.J., and ADKINS, BOYD, OVERTON, McDONALD and SHAW, JJ., concur.

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20 cases
  • Hernandez v. State
    • United States
    • Florida District Court of Appeals
    • November 24, 1999
    ...hours cannot constitute a valid basis to temporarily detain and frisk an individual under the stop and frisk law."), approved, 452 So.2d 562 (Fla.1984). In all of the cases cited by the majority, there were additional compelling or suspicious circumstances which provided the police with rea......
  • State v. Taylor, 3D01-398.
    • United States
    • Florida District Court of Appeals
    • July 24, 2002
    ...cannot constitute a valid basis to temporarily detain" a defendant. Levin v. State, 449 So.2d 288, 289 (Fla. 3d DCA 1983), approved, 452 So.2d 562 (Fla.1984); A.H. v. State, 693 So.2d 89 (Fla. 3d DCA 1997)(reversing denial of suppression motion where police observe respondent legally walkin......
  • Dunn v. City of Boynton Beach
    • United States
    • U.S. District Court — Southern District of Florida
    • June 14, 2016
    ...F.3d at 759 (quoting Coleman, 707 So.2d at 768 ); Levin v. State, 449 So.2d 288, 289 (Fla.Dist.Ct.App.1983), approved and adopted, 452 So.2d 562 (Fla.1984).13 As noted supra, even assuming that Dunn's conduct could reasonably be inferred to be "casing," such conduct would not even amount to......
  • State v. Kehoe
    • United States
    • Florida District Court of Appeals
    • November 26, 1986
    ...was observed walking along street at 3:00 a.m. in "high class" residential area that had experienced prior burglaries), aff'd, 452 So.2d 562 (Fla.1984); Freeman v. State, 433 So.2d 9 (Fla.2d DCA 1983) (police saw defendant walk through parking lot where there had been recent auto break-ins ......
  • Request a trial to view additional results
1 books & journal articles
  • A loitering and prowling primer.
    • United States
    • Florida Bar Journal Vol. 71 No. 10, November - November 1997
    • November 1, 1997
    ...unlit area for a brief period). [19] D.A., 471 So. 2d at 153. [20] See also Levin v. State, 449 So. 2d 288 (Fla. 3d D.C.A. 1983), aff'd, 452 So. 2d 562 (Fla. 1984) (the defendant was walking with a companion along a street at 3:00 a.m. in a residential area where burglaries had occurred, ca......

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